Proposed Virginia Firearm Legislation SB1067
Legislation Overview
Title: Substantial risk orders; substantial risk factors and considerations.
Subject: Criminal Procedure: Judges Justices and Other Elective Officers: Magistrates
Description: Substantial risk orders; substantial risk factors and Substantial risk orders; substantial risk factors and considerations. Provides various factors that a judge or magistrate shall consider for the purpose of determining probable cause prior to issuing an emergency substantial risk order or a substantial risk order. The bill provides that such factors shall include whether the person who is subject to the order (i) committed any acts of violence or criminal offenses resulting in injury to himself or another person within the six months prior to the filing of the petition; (ii) made any threats or used any physical force against another person that resulted in injury within the six months prior to the filing of the petition; (iii) violated any provision of a protective order issued or was arrested for stalking within the six months prior to the filing of the petition; (iv) was convicted of any offense that would prohibit such person from possessing a firearm; (v) engaged in any conduct within the year prior to the filing of the petition that demonstrated a pattern of violent acts or threats to another person, including any acts or threats made against family members, neighbors, co-workers, or toward schools or students or government buildings or employees; (vi) committed any acts of violence or criminal offenses against an animal within the six months prior to the filing of the petition; (vii) made any attempt or threat of suicide or any act, attempted act, or threat of self-harm that caused or may have caused serious bodily injury; or (viii) evidence of recent acquisition of a firearm or ammunition by the respondent. The bill also outlines various other factors that a judge or magistrate may, but is not required to, consider for the purpose of issuing an emergency substantial risk order or a substantial risk order.
Session: 2023 Regular Session
Last Action: Left in Courts of Justice
Last Action Date: February 22, 2023
Sponsors
Note: the first sponsor listed is normally the primary sponsor. If a sponsor's name is a hyperlink you can click on it to 'follow the money'.
17 sponsors: Scott Surovell (D); George Barker (D); John Bell (D); Jennifer Boysko (D); Creigh Deeds (D); Adam Ebbin (D); John Edwards (D); Barbara Favola (D); Ghazala Hashmi (D); Janet Howell (D); Mamie Locke (D); Louise Lucas (D); Dave Marsden (D); Jennifer McClellan (D); Jeremy McPike (D); Richard Saslaw (D); Lionell Spruill (D);
Percentage of Senate sponsoring bill: 43% (17 of 40)
History
| Chamber | Date | Action |
| House | Feb 22, 2023 | Left in Courts of Justice |
| House | Feb 17, 2023 | Subcommittee recommends passing by indefinitely (5-Y 3-N) |
| House | Feb 16, 2023 | Assigned Courts sub: Subcommittee #1 |
| House | Feb 10, 2023 | Referred to Committee for Courts of Justice |
| House | Feb 10, 2023 | Read first time |
| House | Feb 10, 2023 | Placed on Calendar |
| Senate | Jan 30, 2023 | Read third time and passed Senate (23-Y 16-N) |
| Senate | Jan 27, 2023 | Passed by for the day |
| Senate | Jan 26, 2023 | Read second time and engrossed |
| Senate | Jan 26, 2023 | Substitute by Senator Stuart withdrawn 23105335D-S1 |
| Senate | Jan 25, 2023 | Passed by for the day |
| Senate | Jan 25, 2023 | Floor substitute printed 23105335D-S1 (Stuart) |
| Senate | Jan 24, 2023 | Constitutional reading dispensed (38-Y 0-N) |
| Senate | Jan 23, 2023 | Reported from Judiciary (10-Y 5-N) |
| Senate | Jan 8, 2023 | Referred to Committee on the Judiciary |
| Senate | Jan 8, 2023 | Prefiled and ordered printed; offered 01/11/23 23103667D |
Texts
| Type | Date | State Link | Text |
| Amended | Jan 25, 2023 | state link | bill text |
| Prefiled | Jan 8, 2023 | state link | bill text |
Amendments
| Title | Description | Date | State Link | Text | Adopted |
| There are no amendments to this bill at this time | |||||
Votes - Click on description to view vote roll call
| Description | Vote Date | Yea Votes | Nay Votes | No Votes | Absent | Passed |
| Senate: Reported from Judiciary (10-Y 5-N) | 01/23/2023 | 10 | 5 | 0 | 0 | Yes |
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| resort votes by: party yeas nays name | ||||||
| Senate: Constitutional reading dispensed (38-Y 0-N) | 01/24/2023 | 38 | 0 | 0 | 2 | Yes |
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| resort votes by: party yeas nays name | ||||||
| Senate: Read third time and passed Senate (23-Y 16-N) | 01/30/2023 | 23 | 16 | 0 | 1 | Yes |
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| resort votes by: party yeas nays name | ||||||
| House: Subcommittee recommends passing by indefinitely (5-Y 3-N) | 02/17/2023 | 5 | 3 | 0 | 0 | Yes |
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| resort votes by: party yeas nays name | ||||||
Link: link to state bill page
